The Nerds arsenic lawsuit against Ferrara Candy Company was voluntarily dismissed on March 10, 2026, roughly five weeks after it was filed. No class was certified, no settlement was reached, and no candy products have been recalled. The underlying question the case raised — whether Florida’s testing actually showed dangerous arsenic levels in popular candies — was never litigated and remains disputed between the state and the confectionery industry.
What the Lawsuit Alleged
Plaintiff Christina Anstett filed the class action on February 4, 2026, in the U.S. District Court for the Northern District of Illinois, where it was assigned to Judge Manish S. Shah.1CourtListener. Anstett v. Ferrara Candy Company, No. 1:26-cv-01304 The complaint named six Ferrara product lines: Nerds, Laffy Taffy, SweeTarts, SweeTarts Ropes, Trolli gummy candies, and Black Forest Gummy Bears.2ClassAction.org. Class Action Lawsuit Says Toxic Arsenic Levels Detected in Several Popular Ferrara Candy Brands
Rather than citing parts-per-billion measurements, the complaint framed the alleged contamination in terms of how quickly a consumer would exceed an annual recommended arsenic limit. According to the suit, one movie-theater-sized box of Nerds exceeded a child’s yearly recommended intake, four pieces of Banana Laffy Taffy did the same, and less than half a package of SweeTarts Ropes crossed the threshold.2ClassAction.org. Class Action Lawsuit Says Toxic Arsenic Levels Detected in Several Popular Ferrara Candy Brands
Anstett alleged that Ferrara failed to disclose the contamination and that consumers paid a premium for products they believed were safe. She sought certification of a nationwide class and a Florida sub-class, along with actual damages, statutory damages under the Florida Deceptive and Unfair Trade Practices Act, restitution, and injunctive relief.3ClassAction.org. Anstett v. Ferrara Candy Co. Complaint She was represented by Schonbrun Seplow Harris Hoffman & Zeldes.4Legal Newsline. Florida’s Crusade Against Candy Turns Lawyers’ Heads
How the Case Ended
On March 10, 2026, Anstett filed a notice of voluntary dismissal. Judge Shah entered a minute order the same day confirming the case was dismissed without prejudice, meaning the claims could theoretically be refiled.1CourtListener. Anstett v. Ferrara Candy Company, No. 1:26-cv-01304 The court never certified a class, ruled on Ferrara’s liability, or approved any settlement. As of this writing, no product recalls have been issued for any Ferrara candy in connection with the arsenic findings.2ClassAction.org. Class Action Lawsuit Says Toxic Arsenic Levels Detected in Several Popular Ferrara Candy Brands
The reason for the dismissal was not disclosed in the court record.
The Florida Testing That Started It
The complaint was built almost entirely on results the Florida Department of Health announced on January 26, 2026, under Governor Ron DeSantis’s “Healthy Florida First” initiative. The state had commissioned an independent certified laboratory to test 46 candy products from 10 manufacturers for heavy metals. Arsenic was detected in 28 of the 46 products, with sugar-based and fruit-flavored candies showing the highest levels. No elevated levels of cadmium, lead, or mercury were found.5Florida Department of Health. Florida Releases Candy Testing Results Under Healthy Florida First Initiative
Florida Surgeon General Joseph Ladapo called arsenic a “confirmed carcinogen” and said levels in some common candies exceeded, by as much as four times, the arsenic concentrations found in foods already known to carry higher levels, such as rice. First Lady Casey DeSantis said that consuming more than 96 individual Nerds pieces in a year would exceed what the Department of Health considers a safe annual arsenic exposure level for children, noting that a small box of Nerds typically contains around 2,000 pieces and a theater-sized box roughly 8,000.6Florida Phoenix. Bad Candy: 80% of Sweets Tests Have Elevated Levels of Arsenic
Why the Science Is Contested
Ferrara did not issue its own public response and directed media inquiries to the National Confectioners Association, the industry’s trade group.6Florida Phoenix. Bad Candy: 80% of Sweets Tests Have Elevated Levels of Arsenic The NCA argued that Florida used the wrong test. In a February 2026 response, the association said the state applied “EPA Method 6010D,” a technique designed for environmental samples like soil and groundwater, rather than the FDA’s “Elemental Analysis Manual (EAM) 4.7,” which the FDA has validated for measuring arsenic in food. The NCA said this choice inflated Florida’s arsenic results by 1,200% to 3,800%, pointing to FDA data suggesting arsenic in confectionery does not exceed 15 parts per billion, well below the 180 to 570 ppb Florida reported.7National Confectioners Association. How Florida Got Its Arsenic and Candy Report Wrong
An independent toxicologist raised a related concern. Dr. Marie Bourgeois, a professor at the University of South Florida, said EPA Method 6010D is a standard approach for soil and groundwater rather than food, and that the method measures total arsenic without distinguishing between inorganic arsenic, which is highly toxic, and organic arsenic, which is considerably less dangerous.8Fox 13 News. Florida Candy Contamination: Toxicologist Questions State Soil Testing Method
NCA Senior Vice President Christopher Gindlesperger called Florida’s announcement “misguided” and accused the state of choosing “sound bites over science.”9National Confectioners Association. NCA Statement on Florida Announcement About Arsenic and Candy Ladapo defended the results by saying the state had been “highly conservative” and had applied the “strictest available standards and inputs” to protect children.8Fox 13 News. Florida Candy Contamination: Toxicologist Questions State Soil Testing Method Casey DeSantis framed the issue as one of cumulative exposure over a year rather than immediate danger from a single piece, arguing companies should be held to standards she described as “achievable.”10WUSF. Candy Under Microscope: Florida Testing Reveals Arsenic in Sweet Treats
The Federal Regulatory Gap
Part of why the dispute has not been resolved is that the FDA has not set a specific action level or enforcement threshold for arsenic in candy. Under the Federal Food, Drug, and Cosmetic Act, manufacturers bear a general duty to “significantly minimize or prevent chemical hazards when needed,” and the FDA evaluates enforcement case by case, weighing toxicity, consumption levels, and risks to vulnerable populations.11U.S. Food and Drug Administration. Arsenic in Food
The FDA’s “Closer to Zero” initiative aims to reduce children’s dietary exposure to arsenic and other naturally occurring contaminants over time but has not produced final action levels for confectionery. That absence left room for Florida to apply its own benchmarks and for the industry to argue those benchmarks were not scientifically defensible.12Food Navigator USA. Florida Candy Arsenic Findings Signal Broader Food Safety and Regulatory Risks
Where Things Stand for Consumers
No court has ruled on whether Nerds, Laffy Taffy, SweeTarts, Trolli, or Black Forest Gummy Bears contain unsafe arsenic levels. The single lawsuit brought on that theory was dismissed before Ferrara had to respond on the merits. Because the dismissal was without prejudice, a refiled complaint remains possible, but none has been reported. No federal or state recall has followed Florida’s testing announcement, and the FDA has not adopted the state’s methodology or its findings.